Supreme Court sides with generics supplier

WASHINGTON – The Supreme Court has ruled that Novo Nordisk’s description of the patent for Prandin, its diabetes drug, is too broad.

This decision enables generic drug manufacturer Caraco Pharmaceuticals to sue the innovator company in an effort to force Novo Nordisk to narrow its patent description.

The high court overturned an appeals court ruling that Caraco could not file a challenge against the way that the brand manufacturer of the diabetes drug described its patent to the Food and Drug Administration. The agency uses such information to decide whether to approve a lower-cost generic medication.

"This ruling is a win for generic competition and, more importantly, a win for consumers," said Ralph Neas, president and chief executive officer of the Generic Pharmaceutical Association. "We commend the Supreme Court for preventing Novo Nordisk’s actions from becoming a playbook for all brands and costing consumers millions of dollars by delaying the introduction of affordable, lifesaving generic drugs."